thefly wrote:Hey guys,
I'm back with some updates on my husband's case. I have posted earlier but briefly the situation is as follow. My husband is an American Citizen and I am Italian. I'm exercising Treaty Rights in the UK. He is leaving with me in the UK since we got married 1 yr ago. He applied for his RC in August 2012 and we received his CoA in October 2012.
In November 2012 we got our passports back (after asking for them) and in December we travelled to Italy. We made the big mistake of re-applying for a new EEA Family Permit before coming back to the UK because UKBA suggested us to. We had to withdraw the application because after 2months his Family Permit was not ready yet. He received his application package back and his passport has a new stamp in the visa pages that says "wdn 12-02-13" and some other codes. I'm assuming they stand for withdrawn and the date we ask for withdrawal.
Now he is still in Italy and we are planning the best way for bringing him back. He still hasn't received his RC (supposed deadline 21-02-13) here in UK. At this point I am pretty sure the RC won't be here on time.
I am thinking to go to Italy and pick him up so we can come back together to the UK. He is going to show at the border Marriage Certificate, CoA, my paystubs and my letter of employment and a letter of the bank saying we have a joint bank account. Here are my questions:
1) do you think it is going to be a problem if we come back after the 21-02-13, when his CoA will in theory expire?
If he got the required evidence, it doesn't matter that his CoA has expired. See
hellrose's story.
2)how hard is it to get a Code 1A stamp so he can start working as soon as he gets back instead of keep waiting for his RC?
if he is admitted as a spouse of EEA national, he will get a code 1A. That's the only stamp they can give him.
3) do you think they will give us a hard time because we withdrawn an application?
they might ask about it but he just need to explain the circumstances. Waiting for a visa for two months just doesn't make sense.
4)is it really such a bad idea for him to travel alone without me?
it would be easier with you but as long as he knows his rights and can communicate in English (I would guess
this is not an issue), he should be fine.